Kiritsis & Associates

 

The legal conundrum  between the interplay of New York mechanic's lien laws and condo property improvements.

Jul 30, 2021

Kiritsis Law Group 212 922 0005

By John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

A way to achieve the intent of the underlying contracting parties of construction contracts, is to possibly make the proper changes to condo governance documents (if applicable and/or legally possible).

 

When improvements are done within a condo type of setting, there are several things to consider. If the improvements were done to the entire building,  then all units must be liened against. If improvements are done in one condo unit only, then that condo should be liened. In other words, a lien will be either placed on all premises units or at selected units for the work/product rendered.  New York Real Property law (section 339-I) prohibits filing a mechanic’s lien against the common elements unless there was unanimous consent by the unit owners. (if improvements were conducted after the sale of the units, then the unanimous consent of unit owners is needed. If the improvements were conducted prior to the sale of the units, then the unanimous consent of the unit owner is implied, and no explicit consent from the unit owners for the improvements is needed. A mechanic’s lien can only be filed against the unit owners who consent to the work.

 

After reviewing hundred of New York and New Jersey construction contracts , by far and away, one of the more common mistakes made with regards to preparing a construction contract, is lack of fundamental understanding of the laws surrounding mechanic's liens, as well as, failure to appreciate their possible legal effect on real property and projects.

 

The views expressed by this author is not legally binding nor reflective of the author per se, the author's firm, the author's employers, the author's employees or any individual and/or organization.

 

Sources and potentially useful references:

New York State Constitution

U.S. Constitution

New York State Bar Association

New York City Bar Association

New York State Court of Appeals

New York Court of Claims

New York Appellate Division Court

New York Appellate Term Court

New York Supreme Court

New York Real Property Law

Warren's NY Real Property Law

NYS Lien Laws

Section 43 New York State Lien Law

RPAPL

CPLR

New York General Obligations Law

New York City Department of Finance

Lien Law Section 3

Lien Law Section 5

New York State Appellate Departments

Lien Law Section 9 (NYS)

Lien Law Section 10 (NYS)

Section 11 of New York Lien Law

Lien Law Sections 34, 39 & 59

Robert P Frink v Dudley Bierau et al, 212 NYS2d 869

Section 13 of New York Lien Law

Leonard Engineering, Inc. v. Zephyr Petroleum Corporation, 522 NYS 2d 900

Section 22 New York Affidavit Form

Monroe Sav. Bank v. First Nat'l Bank 50 App Div2d 314 -- 4th Dept 1976

Nanuet Nat'l Bank v. Ackerson Terrace, Inc. 417 N.Y. S. 2d 901

HNC Realty Co. V. Golan Heights Developers, 360 NYS2d 954

Aspro Mechanical Contracting, Inc. v. Fleet Bank, N.A. (Circa 2004)

Byrd Underground, LLC v. Anguar, LLC (332 P3d 273 Nev Adv Op 62)

Kiritsis Law Group

 

Our law firm provides comprehensive legal service solutions in the practice area of

construction law.  Below is a partial list of services that our law firm may be able to

assist you with regards to your construction law needs:

 

Construction Law Contracts

Construction Contracts

Construction Litigation

Construction Litigation Defense

Drafting of Construction Contracts

Negotiating Construction Contracts

Finalization of Construction Contract Agreement Documents

Redlining of Construction Contract Agreements

Construction Loan Agreements

Mechanic Lien Recordation

Hypothentication/Real Property Deed Transferring Services for the construction industry

Escrowing services for construction industry professionals 

Due diligence services for construction industry professionals

Construction Project Financing Agreement

Construction Contract Templates

Bid Form Templates

Construction Contract Assignments

Guarantee Agreements ancillary to construction contracts

Construction equipment lease agreements

Construction equipment sale agreements

Mechanic Lien Waiver Contracts

Construction Industry Bond Payment Agreements

Tax & Accounting Compliance Services for the construction industry.

Construction contract risk assessment management 

Construction contract performance issues

Construction contract claims avoidance issues

Construction contract compliance services

Project documentation issues in construction contracts

Change and Design issues in construction contracts 

Differing site conditions and delay provisions in NYC construction contracts

Scheduling and acceleration construction contract provisions

Resolution of construction litigation/dispute related insurance claims

Collective Bargaining Agreement for the construction industry

Environmental issues provisions for construction contracts in New York City

Creditor-debtor issues in construction law

Construction Law OSHA type violations

Key provisions in New York City construction contracts

Default provisions in New York City construction project contracts

ADR provision in construction contracts

Assignment provisions in construction contracts

Breach of contract provisions in construction contracts

Cancellation address issues in NYC construction issues

Commercial General Liability Insurance Coverage Provisions in Construction Contracts

Completion Date clauses in NYC construction contracts

Contract price provisions in NYC construction contracts

Down payment construction contract provisions and clauses

Overview of New York City construction contracts

Payment to Contractors clauses in construction project contract agreements 

Sign & Stamp; Date provisions in construction contracts

The dos and don’ts regarding the signing instructions of a construction contract

Right to cancel provision in construction contracts

Warranties provisions in construction contracts

Workers compensation insurance coverage provisions regarding construction contracts

under New York Laws

Construction contract clauses regarding work product ownership

 

Law Offices of Kiritsis & Associates 

Phone # 212 922 0005

Manhattan Office (Main Office):

633 Third Avenue

New York, NY 10017

Suite 1306

Brooklyn Office (By Appointment Only):

1023 74th Street

Brooklyn, NY 11228

1st Floor

New Jersey Office:

7309 Ventnor Avenue

Ventnor, NJ 08406

2nd Floor

 

ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.

We hope you would find this website useful with regards to finding potentially relevant information for your legal issue.   The Law Offices of Kiritsis & Associates PLLC is a boutique Law Firm Group headquartered in Midtown Manhattan, with offices in Manhattan, Brooklyn (NY) and New Jersey.  We strive to provide professional legal services for individuals and various business entities.  Our clientele ranges from including aspiring entrepreneurs, startups to established business organizations.

We offer flat fee prices for many of the practice areas provided listed throughout our website.  For more information on the topic you may be interested, or simply to find out how our Law Firm Group can help, you may click at any of our site's links.

 

We are available for existing and potentially new clients 7 days a week -- via online, phone and/or in person. 

Phone# 212-922-0005


Intellectual Property Disclaimer(s):

Copyright 2021

The materials available through this website and any other websites owned by John Kiritsis (individually and collectively, the "Website") are the property of John Kiritsis and his entities, and are protected by copyright, trademark and other intellectual property laws.  You may not use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of John Kiritsis.  Be aware that any unauthorized use of John Kiritsis trademarks and copyrighted content for commercial purposes in violation of John Kiritsis's intellectual property rights will be vigorously enforced.  All other trademarks, service marks and trade names referenced in this site are the property of John Kiritsis.

Website Created & Hosted by Website.com Website Builder